Filing a Motion to Suppress

August 31, 2018
By
The Law Offices of Jarrod M. Wilfert

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In a criminal case, a motion to suppress is an attempt by the defense to
make certain pieces of evidence out of the trial because they were illegally
obtained by law enforcement. The defense must bring the motion prior to
the trial stage.

That evidence could be the following:

A tangible item, such as a weapon connected to an alleged murder or drugs
tied to a drug trafficking case.

The defendant’s statement, like a confession that was coerced by
law enforcement.

An eyewitness testimony, such as a witness who identified the defendant
after hearing an officer claimed him to be the perpetrator.

Since the motion to suppress occurs before trial, the prosecution might
not have a basis to even take the case to the courtroom because the defense
wins the motion. For example, if the judge has tossed the evidence of
drugs in a drug possession case, there is nothing available to prove the
defendant is guilty of possessing narcotics.

The following are the common reasons a judge may grant a motion to suppress:

Unlawful search and seizure - According to the exclusionary rule, evidence obtained in violation of
a defendant’s Fourth Amendment rights against illegal search and
seizure. Law enforcement cannot gather evidence to be used against a defendant
in court if they failed to follow legal procedure, such as obtain a search
or arrest warrant before making an arrest or failed to establish probable cause.

Miranda rights were not read - Prior to questioning or interrogation under police custody, officers
must read the suspect’s “Miranda rights” to inform them
of their right to remain silent, that anything they say can and will be
used against them in court, and that they have the right to an attorney.
If police fail to read the suspect’s Miranda warning, any statements
or confessions made after arrest cannot be used at trial.

Chain of custody mistakes - Documentation and proper care of evidence between seizure by law enforcement
to its presentation at trial is considered the “chain of custody.”
For instance, if police mislabeled or tampered with the blood evidence
with other samples at the lab, this evidence may be excluded because of
an improper chain of custody.

Motions to suppress start with written pleadings, then proceed to a court
hearing, where the judge listens to oral arguments for and against suppression.
If a judge grants a pretrial motion to suppress evidence, this decision
weakens the prosecution’s case. Depending on the circumstances of
a case, such a motion may be enough for the state to dismiss charges.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.